Opinion
10876
April 18, 1922.
Before WILSON, J., Aiken, November, 1919. Reversed.
Action by Steven Brown against Western Union Telegraph Co. Judgment for plaintiff for actual and punitive damages and defendant appeals.
Messrs. Francis R. Stark and Nelson, Gettys Mullins. for appellant, cite: Message was interstate transaction and liability is controlled by Federal Law: 110 S.C. 169; 115 S.C. 520; 254 U.S. 17. Not liable while under Government control: 65 U.S.L. Ed. 709.
Mr. Julian B. Salley, for respondent.
April 18, 1922. The opinion of the Court was delivered by
Upon the authority of Berg v. Telegraph Co., 110 S.C. 169, 96 S.E. 248; Son v. Telegraph Co., 115 S.C. 520, 106 S.E. 507, Telegraph Co. v. Speight, 254 U.S. 17, 41 Sup. Ct. 11, 65 L.Ed. 104, and Telegraph Co. v. Poston, 256 U.S. ___, 41 Sup. Ct. 598, 65 L.Ed. 709, the judgment of the Circuit Court is reversed.